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CDCR reaches $5.1M settlement in pregnancy discrimination lawsuit

The settlement resolves claims that more than 1,500 pregnant CDCR staff were forced to choose between unsafe duties, demotion or unpaid leave

CDC

Commission on Correctional Peace Officer Standards and Training (CPOST)

LOS ANGELES — The California Department of Corrections and Rehabilitation (CDCR) has agreed to a $5.1 million settlement to resolve claims that the agency discriminated against more than 1,500 female correctional officers and employees by denying pregnancy accommodations.

The lawsuits, initially filed in 2019 by nine women, challenged a CDCR policy that required pregnant officers to either remain in their positions without restrictions and assume liability for injuries, accept a demotion with reduced pay and loss of peace officer status, or take a combination of paid and unpaid leave, according to a release from Peter Law Group. A Superior Court judge overseeing the matter called the legal representation in the case “outstanding,” citing its complexity and public impact.

Settlement details

The agreement, which consolidates three lawsuits, will provide more than $3.1 million in individual payments to eligible employees after attorney fees, court costs and other administrative expenses are deducted. Payments will also include accrued interest.

Attorney Arnold Peter of Peter Law Group, which represented the plaintiffs, credited the California Attorney General’s Office with working collaboratively to reach what he described as a “fair and meaningful outcome” that also resulted in regulatory reforms.

Policy changes

In April 2020, while litigation was ongoing, CDCR modified its regulations on limited-term light-duty assignments and adopted new rules on temporary modified work assignments. These changes now grant all pregnant employees access to light-duty positions and relief from certain essential functions during pregnancy-related disability — protections not available under the former policy.

Wider implications

Peter described the case as an important step forward in workplace equity.

“The women who brought this case were forced to make extremely difficult choices that no man in the same role would ever have to make,” Peter said. “It has been a privilege to represent them and bring to a close an archaic practice that has now been replaced with new regulations that should be a model for corrections institutions nationwide.”

According to the U.S. Bureau of Labor Statistics, women made up about 28% of all corrections officers nationwide in 2021.

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Sarah Roebuck is the senior news editor for Police1, Corrections1, FireRescue1 and EMS1, leading daily news coverage. With over a decade of digital journalism experience, she has been recognized for her expertise in digital media, including being sourced in Broadcast News in the Digital Age.

A graduate of Central Michigan University with a broadcast and cinematic arts degree, Roebuck joined Lexipol in April 2023. Have a news tip? Email her at sroebuck@lexipol.com or connect on LinkedIn.